Birth Injury Attorneys
The birth of a child is supposed to be a joyous moment for parents. Medical experts can turn the process into an absolute nightmare if they behave in a negligent manner.
The result is usually an injury at birth that affects the life of the child injured. Our birth injury attorneys will assist a child who has been injured by medical malpractice to obtain financial compensation for future and past medical expenses.
Medical Falsehoods
The birth of a baby is a joyous occasion, but the consequences of medical mistakes during the labor and delivery process can be devastating for families. Even minor problems, such as oxygen shortages or abrasions within the delivery room, can lead to lifelong disabilities. They may require extensive care and prevent the child from leading a full life. If you believe that your child was injured as a result of the negligence of the doctor or other hospital staff or other hospital staff, a Bronx Birth Injury Attorney can help make them accountable for their actions.
Unfortunately, it is not common for unexpected medical issues to arise during pregnancy and a lot of these could be due to medical negligence. It is crucial for parents to realize that even though doctors and nurses are certified professionals but they are also human and sometimes make mistakes. These errors could have serious and long-term implications for the mother and child, including irreparable birth injuries, such as cerebral palsy, brachial plexus injury (arms and shoulders), or other birth traumas.
Medical negligence is defined as an infringement of a health care provider’s legal duty towards the patient that results in the death or injury of a patient. Your lawyer must establish that the birth injury to your child was caused by medical negligence. This means that the health care provider in question didn't meet accepted standards of professional treatment and this led to the injuries. This includes reviewing medical records, securing expert opinions, and identifying the policies or procedures that were not adhered to.
Fortunately, New York does not have caps on damages for medical malpractice cases, including birth injury claims. You can therefore recover compensation for your child's long-term and severe injuries. Generally, this can include future and past medical expenses, income loss due to missed work as well as the cost of the home and therapeutic equipment and the pain and suffering.
If your child has been diagnosed with a serious birth injury, you must seek legal advice as soon as possible. It is essential to submit your claim within the statute of limitations, which could vary depending on the circumstances of your case as well as the age of your child.
Monitoring is not properly done
Medical professionals are required to monitor the mother and baby before and after the birth. Inability to do this can cause serious injuries, including spinal injuries, brain damage and a myriad of other ailments that require ongoing care. In most cases, these injuries are caused by the negligence of obstetricians and doctors. Our Bronx birth injury attorneys can assist you in recovering damages for your child in the event that a medical mistake occurred during the birth.
It is malpractice if an individual medical professional fails to fulfill their duty to take the proper steps during labor and delivery. This can be based on a number of issues, like misinterpretation fetal heart rates or the use of drugs during delivery, or a failure by the physician to respond to symptoms of distress in the fetus. These kinds of mistakes can result in oxygen deprivation. This is called hypoxic ischemic brain injury or Ischemia. This condition can cause severe brain damage due to the loss of oxygen and nutrients.
Other instances of medical errors that can cause birth injuries include the improper use of tools for delivery and equipment, handling a baby's abnormal posture, and administering the wrong medication. These types of cases are usually described as birth trauma or medically-induced trauma, and can occur during vaginal and cesarean births.
There are a wide range of damages that could be awarded in a successful birth injury lawsuit, and they depend on the degree of the injury suffered by the child. These damages may include past and future medical expenses, lost wages from time off work, the cost of special education requirements as well as suffering and pain.
A birth injury lawsuit can be a bit complicated and it is crucial to speak with a professional lawyer as soon as you can. Our law firm has extensive experience handling these cases and we will work tirelessly to help you receive the compensation you deserve. Contact us today for a a free consultation. We have offices in New York City and Long Island.
Failure to perform a Cesarean Section
A C-section can often be the only option to avoid serious birth complications and injuries. However, if a physician does not realize the necessity of C-sections, or if a medical mistake results in your child suffering from a traumatic injury, such as cerebral palsy or Erb's Palsy or Erb's Palsy, it could be considered medical negligence. A Bronx birth injury lawyer can help you make the responsible parties accountable. Based on the severity of your child's injury you could be entitled to compensation to cover financial costs (general damages) as well as the pain and suffering suffered by your child (special damages).
Healthcare professionals and doctors must remain objective in order to perform the best possible care for their patients. This is particularly true during the time of childbirth. Unfortunately, emotions and the desire for a healthy baby can make it difficult for these professionals.
Although all birthing procedures can be risky your health and well-being depend on the judgment of professionals of obstetricians and other medical personnel, such as nurses and neonatologists. In medical malpractice cases, proving that the healthcare provider did not fulfill their professional obligation of care can be a challenge. A successful claim depends on establishing the standard of care and showing how it was breached. It is also essential to show the reasons for this breach that led to your harms.
During a C section there are a few common mistakes that could occur. This includes the improper use of medical tools such as vacuum extractors or forceps, as well as the use of too much force to handle a shoulder dystocia. This kind of medical negligence can cause serious injuries such as Erb's and cerebral palsies, and brachial plexus injuries.
Our experienced attorneys understand the complexity of a medical malpractice claim and can help you prove that your child's injuries were caused by a medical error or negligent behavior during delivery. Our Bronx birth injury lawyers will provide you with the legal representation that you require to secure the maximum compensation for your child's suffering. Contact us for a no-obligation consultation.
Failure to Perform the Vaginal Delivery
While many expecting parents plan and prepare for their childbirth experience, unforeseen circumstances can and do arise. A birth injury lawyer in the Bronx can assist you in filing an action in the event of medical malpractice or negligence is a result of childbirth. They will hold the responsible party accountable for damages caused to your family.
Many of the injuries that occur during childbirth result from the failure of a doctor to recognize warning signs or to take the appropriate precautions prior to and during delivery. Medical errors like these can lead to birth trauma, infections and brain trauma, as well as permanent paralysis (e.g. Erb's Palsy or spastic Quadripesis), and even death.
A common cause of avoidable injuries is the failure of doctors to perform a C section when it is obvious that a vaginal birth would be a risky option for the baby. This is a type of birth injury malpractice that could result in devastating consequences for both mother and child.
accidentinjurylawyers.claims -sections are a surgical procedure that involves making an incision in the abdominal wall to allow for the safe passage of the baby through the vaginal canal. It is typically done using a medical device called a forceps or a vacuum extractor. When doctors misuse these devices or fail to properly handle them, they can cause serious injuries like nerve damage that results in complete or partial paralysis of the arm in infants referred to as brachial plexus injuries.
In order to successfully file a medical malpractice claim for the improper treatment or care of your child, a skilled birth injury lawyer in the Bronx can perform a thorough examination of all evidence that is available, including electronic monitors for fetal development as well as medical test results, diagnostic notes, and any documentation related to the instruments used during birth and labor. Our lawyers can work with medical experts in order to establish the standards of care, and show the way in which a breach of this duty caused your child's injuries. We can also document the extent of the injuries your child suffered and their impact on the future plans for the child, and also quantifying the damages that should be given.